Grant of Avigation Easement 2010-0506347. ICr
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RECORDING REQUESTED BY
POWAY REDEVELOPMENT AGENCY
AND WHEN RECORDED MAIL TO.
CITY CLERK
CITY OF POWAY
P.O. BOX 789
POWAY CA 92074
No transfer tax due
APN 275 -46 -061
for
GRANT OF AVIGATION EASEMENT
NO DOCUMENT TRANSFER TAX NO FEE
RECITALS
A. The Poway Redevelopment Agency, a Redevelopment Agency originated
and existing pursuant to California Health and Safety Code section 33000 et
seq. ( "Grantor ",) holds fee title to the property identified as Assessor's Parcel
Number 275 -46 -061, (the "Property ") and has the right and authority to grant
this Easement.
B. Grantor intends to use the Property for development of an affordable housing
community including two- and three -story buildings.
C. The Property is immediately south of Pomerado Hospital, which is owned and
operated by Palomar Pomerado Health, ( "PP.H," or "Grantee "), a local health
care district created under Division 23 of the California Health and Safety
Code Grantee operates a helicopter pad which services approximately two
Life Flight air operations per week for purpose of transporting hospital
patients. Grantee desires an Easement for conducting these Life Flight
helicopter flights over the Property. Grantor desires to minimize the noise
impacts of Grantee's helicopter operations on the proposed housing
development, to the extent possible
D. Grantor and Grantee desire to enter into this agreement, whereby Grantor
grants to Grantee an Avigation Easement over the Property for these
helicopter flight operations, on the terms and conditions set forth herein.
Now, therefore, in consideration of the mutual covenants and promises contained in
this agreement, Grantor and Grantee agree as follows:
D O C # 201 0-0506347
I III I IIII I I VIII III VIII IIII I III VIII II II VIII IIII III IIII
SEP 23, 2010 8:28 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
DAVID L BUTLER. COUNTY RECORDER
FEES- 000 WAYS 2
10541 OC NA PAGES: 10
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1. Grant of Avigation Easement For valuable consideration, receipt of which is
hereby acknowledged, Grantor hereby grants to Grantee, for the benefit of the
public, a perpetual and assignable easement and right -of -way, and certain rights
appurtenant to said Easement as hereinafter set forth, over the following
described real property situated in the County of San Diego, State of California in
which Grantor holds a fee simple estate, lying above, in whole or in part, the
horizontal limits of the civil airport imaginary surfaces described in Federal
Aviation Regulations, Part 77.25 (14 CFR 77:25) ( "Imaginary Surfaces "), as
applicable to the Pomerado Hospital Heliport (FAA Call Designation 1CL5),
situated in the City of Poway, County of San Diego, State of California
( "Heliport"), using aircraft of the class, size and category as may be operationally
compatible with the Pomerado Hospital Heliport's, existing use.
Exhibit A, identified as the Federal Aviation Administration Aeronautical ,Study
No. 2010 -AWP- 1983 -OE, and attached hereto provides an aeronautical study
revealing that the proposed structures located at the Property do not exceed
obstruction standards and would not be a hazard to air navigation.
2. Grantor agrees that it shall not hereafter erect, or permit the erection, or permit or
suffer to remain, any building, structure or other object, within or into the airspace
above said Imaginary , Surfaces overlying said real property to exceed an
elevation of 683.00 feet above mean sea level (" MSL" ).
3. Grantor agrees that it shall not hereafter erect, enlarge or grow, or permit the
erection, enlargement or growth of, or permit or suffer to remain, any tree, bush,
shrub or other vegetation, within or into the airspace above said Imaginary
Surfaces overlying said real property to exceed 683.00 feet MSL.
4. Grantor agrees that the Easement and rights hereby granted to Grantee are for
the purpose of ensuring that occupants of the real property burdened by this
Easement are aware that the quiet enjoyment_ of this real property may be
interrupted by noise.generated by over - flying aircraft and by aircraft operations•at
the Heliport, and for the additional purpose of ensuring that said Imaginary
Surfaces shall remain free and clear of any building, structure or other object,
and of any tree, bush, shrub or other vegetation, which is or would constitute an
obstruction or hazard to the flight of aircraft landing at and /or taking off from said
Heliport. These rights shall include, but not be limited to the following:
a. The right of Grantee to clear and keep clear the airspace above the
Imaginary Surfaces any portions of buildings, structures and
improvements or any and all kinds, and trees, vegetation or other
objects,, including the right to request the removal or demolition of
those portions of such buildings, structures, improvements, trees or
any other objects which are extending, projecting or infringing into or
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165 4,3
upon the, airspace above said Imaginary Surfaces that exceed 683.00
feet'MSL.
b. Grantee shall notify Grantor of any obstructions viewed on site that are
.believed to exceed 683.00 feet MSL.
c. The right of flight for the unobstructed passages of aircraft, of a class,
size and category compatible with the Pomerado Hospital Heliport, in
the airspace above said Imaginary Surfaces.
5. Grantee agrees to conduct its Heliport operations in accordance with the
following terms and conditions:
a. Under normal operating conditions the Pomerado Hospital Heliport is
used for emergency patient pickup and transportation out of the hospital.
The exception to this would be in the event of a declared state of
emergency or local emergency as defined by Government Code section
8558, necessitating a temporary change in Hospital operations per the
requirements of local, state, and federal agencies.
b. Pomerado Hospital is designated as a community based center, with no
trauma facilities.
c. The intended use of the Heliport is exclusively for emergency aircraft.
As such, there are no daily scheduled arrival or departure times.
d. Pomerado Hospital shall make no improvements to the as -built 38 x 38
foot heliport for the purpose of increasing flight utilization or allowing for
aircraft larger than currently visit the facility.
e. The emergency aircraft are provided by agencies outside the control of
Pomerado Hospital. Therefore, the noise level generated by the aircraft
may vary by agency and aircraft.
f. Pomerado Hospital shall endeavor to operate the heliport in such a
manner so as not to extend the 65 dBA CNEL aircraft noise exposure
contour over more than 25- percent of the project site. Potential violations
would be examined by the City on a case -by -case basis.
6. The Easement granted herein and all rights appertaining thereto are granted to
the Grantee, its _successors and assigns, until said Heliport shall be abandoned
and ceased to be used for aviation purposes as defined by the FAA or the
frequency of use of the heliport were to change significantly from the conditions
stated above.
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10544
7. If the frequency of flight operations increase to more than an average of five (5)
flights per week, Grantee must notify Grantor of change of operations in writing.
Number of flights per week includes total number of flights of any type of aircraft
arriving or departing the heliport. Grantee shall identify the change to the
affected noise environment as a result of this change.
8. If the average number of flights exceeds ten (10) flights per week, this Easement
becomes invalid, void and unenforceable, unless the increased number of flights
is a result of a declared state of emergency or local emergency as defined by
Government Code section 8558, necessitating a temporary change in Hospital
operations per the requirements of local, state, and federal agencies.
9. If any item, covenant, condition or provision of this Easement is held by a court of
competent jurisdiction to be invalid, void or unenforceable, the remainder of the
provisions hereof shall remain in full force and effect and shall in no way be
affected, impaired or Invalidated thereby.
10. It is understood and agreed by Grantor that this easement and the covenants
and restrictions contained herein shall run with the land described above and
shall be binding upon the heirs, successors and assigns of Grantor.
Dated this _]�_ day of 4 �1 2010.
Palomar Pomerado Health, Grantee
By:
Tim Nguye e Controller for
Robert A. Hemker. CFO
Poway Redevelopment Agency, Grantor
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[Signatures must be notarized)
4
10545
Approved as to form:
B Cc G ae,21 - - A
Lisa Fostef, Agency General Counsel
10 5 5 4 6
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California , � r 1
County of 6Z6 1
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On 1- (1
Date
personally appeared
who proved to me on the basis of satisfactory evidence to
be the person* whose name(s I� subscribed to the
within instrument and acknowledged to me that
4!53hakiaey executed the same it caVherAheir authorized
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iD6�e un ft 2MIt I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my d and offici s! eat.
Signature
Place Notary Seal Above Sgnatu o of ry Public
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Description of Attached Document N,
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PHYLLIS SHINN
Commission # 1778898
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San Diego County
Comm. Noo9 2011
Pace Notary Seal Above
who proved to me on the basis of satisfactory evidence to
be the person whose name(g) is /ale subscribed to the
within instrument and acknowledged to me that
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capacity(i)j6), and that by lys /her /t6 r signature(A on the
instrument the personN, or the entity upon behalf of
which the personkactecl, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my ban nd official seal.
Signature f /Yl�
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: �� /C.�J/U / D� T�t/ _�/� / / 0/l1
Document Date: / YG 1 157 - 3 1 , 2 010 Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer — Tifle(s):
Partner — ❑ Limited ❑ General
G Attorney in Fact
C Trustee Top of thumb here
Guardian or Conservator
❑ Other:
Signer Is Representing:
Signer's Name:
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10548
CERTIFICATE OF ACCEPTANCE
I, Linda A. Troyan, as Secretary and agent for Poway Redevelopment Agency
make the following certification on its behalf:
This is to certify that the interest in real property conveyed by the Grant Deed
dated August 31, 2010 from the Poway Redevelopment Agency, Grantor, to the
Palomar Pomerado Health, Grantee, a local health care district, is hereby accepted by
the undersigned officer or agent on behalf of the Board of Directors pursuant to
authority conferred by Resolution No. R -87 -18 adopted on July 21, 1987, and the
grantor consents to recordation thereof by its duly authorized officer or agent.
Dated ,26 /D POWAY REDEVELOPMENT AGENCY
Seal:
By:
in A. Troyan, Secret ry
N: \city \share \certificate of acceptance - rda.doc
Exhibit A
Federal Aviation Administration
t Air Traffic Airspace Branch, ASW -520
2601 Meacham Blvd: .10549
Fort Worth, TX 76137 -0520
Issued Date: 06/07/2010
Sylvia Martinez
Wakeland Housing & Development Corp.
1230 Columbia Street #950
San Diego, CA 92101
Aeronautical Study No.
2010 -AWP- 3985 -OE
Prior Study No.
2010 -AWP- 1983 -OE
** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **
The Federal Aviation Administration has'conducted an aeronautical study under the provisions of 49 U.S.C.,
Section 44718 and if applicable Title 14 of the Code of Federal Regulations, part 77, concerning:
Structure: Building Monte Vista Apartments
Location: Poway, CA, CA
Latitude: 32- 59- 43.50N NAD 83
Longitude: 117 -03 -18.17 W
Heights: 41 feet above ground level (AGL)
683 feet above mean sea level (AMSL) r
This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a
hazard to air navigation provided the following condition(s), if any, is(are) met:
Based on this evaluation, marking and lighting are not necessary for aviation safety. However, if marking
and/or lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in
accordance with FAA Advisory circular 70/7460 -1 K Change 2.
This determination expires on 12/07/2011 unless:
(a) extended, revised or terminated by the issuing office.
(b) the construction is subject to the licensing authority of the Federal Communications Commission
(FCC) and an application'for a construction permit has been filed, as required by the FCC, within
6 months of the date of this determination. In such case, the determination expires on the date
prescribed by the FCC for completion:of construction, or the date the FCC denies the application.
NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD. OF THIS DETERMINATION
MUST BE POSTMARKED OR DELIVERED TO THIS OFFICE AT LEAST 15 DAYS PRIOR TO THE
EXPIRATION DATE.
This determination is based, in part, on the foregoing description which includes specific coordinates , heights,
frequency(ies) and power. Any changes in coordinates , heights, and frequencies or use of greater power will
void this determination. Any future construction or alteration , including increase to heights, power, or the
addition of other transmitters, requires separate notice to the FAA.
Page 1 of 3
10550
This determination does include temporary construction equipment such as cranes, derricks, etc., which may be
used during actual construction of the structure. However, this equipment shall not exceed the overall heights as
indicated above. Equipment which has a height greater than the'studied structure requires separate notice to the
FAA.
This determination concerns the effect of this structure on the safe and efficient use of navigable airspace
by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or
regulation of any Federal, State, or local government body.
If we can be of further assistance, please contact our office at (817) 838 -1993. On any future correspondence
concerning this matter, please refer to Aeronautical Study Number 2010 -AWP- 3985 -OE.
Signature Control No: 708409 - 126742257
Joan Tengowski
Technician
Amactfien s
Mep(s)•
(DNE)
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